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Full text of "Medical Jurisprudence And Toxicology"

778                                        MEDICAL JURISPRU-PEHCJB;

either description for a 'term -which may extend to six months, or with fine'which may
extend to five hundred rupees, or with both,

338.   Causing grievous hurt by act endangering life or personal safety of others.—

Whoever causes grievous hurt to any person by doing any act so rashly or negligently
as to endanger human life, or the personal safety of others, shall be punished with
imprisonment of either description for a term which may extend to two years, or with
fine which may extend to one thousand rupees, or with both.

351. Assault—Whoever makes any 'gesture, or any preparation, intending or know-
ing it to be likely that such gesture or preparation will cause any person present to
apprehend that he who makes that gesture or preparation is about to use criminal force
to that person, is said to commit an assault.

Explanation.—Mere words do not amount to an assault. But the words which a
person uses may give to his gestures or preparations such as a meaning as may make
those gestures or preparations amount to an assault.

Cf. English Law.—An assault consists in an attempt to offer by a person having
present ability, with force, to do any hurt or violence to the person of another, Battery
means any least hurt or violence unlawfully and wilfully or culpably done to the person
of another. Striking at another with a cane, stick or fist although the blow misses,
drawing a sword or bayonet, or throwing a bottle or glass with intent to wound or
strike, presenting a loaded gun at a man within range, or any other act indicating an
intention to use violence against the person of- another; is an assault.

354. Assault or criminal force to woman with intent to outrage her modesty.—
Whoever-assaults or uses criminal force to any woman, intending to outrage or knowing
it to be likely that'he will thereby outrage her modesty, shall be punished with imprison-
ment of either description for a term which may extend to two years, or with fine, or
with both.

359.    Kidnapping.—Kidnapping is of two kinds: Kidnapping from India and kidnap-
ping from lawful guardianship.

360.    Kidnapping from India.—Whoever conveys any person beyond the limits of
India without the consent of that person or of some person legally authorized to consent
on behalf of that person, is said to kidnap that iperson from India.

361.    Kidnapping from lawful guardianship.—Whoever takes or entices any minor
under sixteen years of age, if a male, or under eighteen years of a&e, if a female, or
any person of unsound mind, out of the keeping of the lawful-guardian of such minor,
or person of unsound mind, without the consent of such guardian, is said to kidnap such
minor or person from lawful guardianship.

Explanation.—The words "lawful guardian" in this section include any person
lawfully entrusted with the care or custody of such minor or other person*

Exception.—This section does not'extend to the act of any person who in good faith
believes himself to be the father of an illegitimate child, or who in good faitfe believes
to be entitled to the lawful custody of such child, unless such act is committed for an
immoral or unlawful purpose.

362.    Abduction.—Whoever by force compels, or by any deceitful means induces, any
person to go from any place, is said to' abduct that person,

363.    Punishment for kidnapping.—Whoever kidnaps any person from India or from
lawful guardianship, shall be punished with imprisonment of either description for a
term, which may extend to seven years, and shall also be liable to fine.

364.    Kidnapping or abducting in order to murder,—Whoever kidnaps or abducts
any person in order that such person may be murdered or may be so disposed of as
to be put in danger of being murdered, shall be punished with transportation for life,
or rigorous imprisonment for a term which may extend to ten years, and shall also be
liable to fine.

365.    Kidnapping:  or   abducting   with   intent  secretly   and   wrongfully   to   confine
person.—Whoever kidnaps or abducts any person with intent .to cause that person to be
secretly and wrongfully  confined,  shall be punished with imprisonment of  either  de-
scription for a term which may extend to seven years, and shall also be liable to fine.

366.    Kidnapping: or abducting woman to compel her marriage, etc*—Whoever kid*
naps or abducts any woman with intent that she may be compelled or knowing it to be
likely that she will be compelled, to marry any person against her will, or in order
that she may be forced or seduced to illicit intercourse, shall be punished with impri-
sonment of either description for a term which may extend to ten years, and shall also
be liable to fine.                    •

And whoever, by means of criminal' intimidation1 as defined in this Code or of